HomeMy WebLinkAboutMinutes 11/13/1990362
REGULAR MEETING
CITY COUNCIL CHAMBERS
CITY HALL
NOVEMBER 13, 1990
7:00 P.M.
PETALUMA, CA
The Planning Commission encourages applicants or their representatives to be available at
the meeting to answer questions so that no agenda item need be deferred to a Pater date
due to a lack'of pertinent information.
COMMISSIONERS: Bennett, Libarle, Parkerson, Read, Tarr *, Thompson, Woolsey
STAFF: Warren Salmons, Director
Pamela Tuft, Principal Planner
Jenny Cavanagh, Assistant Planner
* Chairman
APPROVAL OF MINUTES OF October 23, 1990: Minutes were approved with changes
to pages 4, 5, 6.
PUBLIC COMMENT`. (15 minutes maximum).
The Commission will hear public comments only on matters over which they have
jurisdiction. There will be no Commission discussion, or action. The chairman will allot no
more than five minutes to any individual. If more than three persons wish to speak their
time will'be allotted so that the total amount of time allocated to this agenda item will be
15 minutes. .
DIRECTOR'S REPORT: None.
COMMISSIONER'S REPORT: None.
CORRESPONDENCE: None.
APPEAL STATEMENT: Within fourteen (14) calendar days following the date of a
decision of the Planning Commission, the decision may be appealed to the City Council by
the applicant or by any other interested party. If no appeal is made within that time, the
decision shall be final. An appeal shall be addressed to the Council in writing and shall be
filed with. the City Clerk.. The. appeal shall state specifically the grounds for the appeal and
the relief sought by the applicant.
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NEW BUSINESS:
PUBLIC HEARINGS
I. COATE, 315 K STREET, AP NO. 008 - 313 -10, FILE NO. 1.689(pt /jkt).
1. Consideration' of a conditional use permit for construction of an accessory
dwelling.
The public hearing was opened.
SPEAKERS:
0 Mrs. Coate - Applicant - No problems with conditions.
Commissioner Read - Asked whether any neighborhood opposition was received by staff.
() (There was none.)
The public hearing was closed.
A motion was made by Commissioner Read and seconded by Commissioner Bennett to
grant a conditional use permit based on the findings and subject to the conditions listed
below:
COMMISSIONER WOOLSEY: Yes
COMMISSIONER PARKERSON: Yes
COMMISSIONER BENNETT: Yes
COMMISSIONER READ: Yes
CHAIRMAN TARR: Yes
COMMISSIONER LIBARLE: Yes
COMMISSIONER THOMPSON: Yes
Findings:
1. The proposed accessory dwelling, as conditioned, will conform to the requirements
and intent of the Petaluma Zoning Ordinance.
2. The proposed accessory dwelling, as conditioned, will conform to the requirements
and intent, goals, and policies of the Petaluma General Plan.
3. The proposed accessory dwelling will not constitute a nuisance or be detrimental to
the public welfare of the community.
4. This project is a CEQA Class 3 Categorical Exemption, New Construction of Small
Structures.
Conditions
1. Conditional Use Permit is subject to adoption of zoning text amendment by City
Council to allow second story accessory units. Applicant shall redesign structure to
reflect a one -story building if text amendment is not adopted.
2. All requirements of the Chief Building Inspector shall be complied with, including:
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a. Drawings shall show sewer connections and utility meters.
3. All requirements of the City Engineer shall be complied with, including:
a. All conditions as required for the Parcel Map are required. for any
supplemental approval of the development.
4. Prior to the issuance of building permits, this project shall be subject to SPARC
review with emphasis placed on architecture, (compatibility to main dwelling and
neighborhood), and landscaping. Drawings submitted to SPARC for review to be
consistent with the Zoning Ordinance as relates to height, setbacks, etc.
5. Separate gas and electric meters shall be installed for the proposed accessory
dwelling to the specifications of the City and PG &E.
6. This project shall be responsible for the payment of special development fees
adopted by the Petaluma City Council for Storm Drainage Impact, Sewer and Water
Connection, School Facilities Fees, and Dwelling Construction. These shall be paid
at time of building permit issuance.
II. JOHN BARELLA, DAWN PLACE, LOT #9, AP NO. 019 - 420 -73, FILE NO.
3.321C(pt).
1: Consideration, of Planned Unit Development (PUD) amendment to permit
reduction of sideyard setback for Lot #9 from 15' to 10'.
The public hearing was opened.
SPEAKERS:
Al Catalini - Problem with public notice - address listed was wrong on public notice.
(Pamela Tuft will renotice for Council meeting date identifying correct address).
The public hearing was closed.
A motion was made by Commissioner Parkerson and seconded by Commissioner Libarle to
recommend to the City Council approval of the PUD amendment to allow the reduction of
the east side yard setback of Lot 9 from 15' to 10' based on the finding listed below:
COMMISSIONER WOOLSEY: Yes
COMMISSIONER PARKERSON: Yes
COMMISSIONER BENNETT: Yes
COMMISSIONER READ: Yes
CHAIRMAN TARR: Yes
COMMISSIONER LIBARLE: Yes
COMMISSIONER THOMPSON: Yes
Finding
1. Said amendment to the Dawn Place planned unit development, for the reduction of
the east side yard setback of Lot #9 from 15' to 10', complies. with the original
findings set forth in Resolution No. 88 -138.
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III. CHERRY STREET PARTNERS, 422 CHERRY STREET, AP NO. 006 - 021 -11, FILE
NO.'s 2.399, 6.9970c).
1. Consideration of EIQ.
2. Consideration of Parcel Map with Variance.
The public hearing was opened.
SPEAKERS:
Bonne Mogel - Applicant Representative - gave history of project - other lots in the
neighborhood are also substandard; only asking for variance on depths and for less than 10
feet; described plans for street; problem with locating storm drain and sewer if only
allowed three lots; answered questions regarding fill for lot drainage; existing public sewer
U will be upgraded; about 50% of signatures on petition have lots that are under minimum
depth.
Walt Kehr - 522 Cherry Street - wants standard lot sizes with no variances; will set
precedent in area; was denied variance requests when he built; does not want Cherry Street
widened and made two -way.
Laurie Mason - Owns adjacent property - wants rural atmosphere to remain; neighboring
parcels are not as small; backyard will face access road; wants fencing along her backyard
property line installed by developer; against two -way traffic on Cherry Street.
Walt Kehr - 522 Cherry Street - Can neighbors be notified prior to SPARC review?
Commission Discussion
Commissio Read - Does not think variance should be allowed; only three lots should be
approved.
Commissioner Parkerson - Agrees with Commissioner Read - no variance should be
allowed.
Commissioner Woolsey - Should full SPARC review be necessary?
The public hearing was closed.
A motion,was made by Commissioner Parkerson and seconded by Commissioner Libarle to
direct staff to prepare a mitigated negative declaration of environmental impact based on
the findings below:
COMMISSIONER WOOLSEY: Yes
COMMISSIONER PARKERSON: Yes
COMMISSIONER BENNETT: Yes
COMMISSIONER READ: Yes
CHAIRMAN TARR: Yes
COMMISSIONER LIBARLE: Yes
COMMISSIONER THOMPSON: Yes
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Findings:
1. The project, as conditionally approved, does not have the potential to degrade the
quality of the environment, substantially reduce the habitat of a fish or wildlife
species, cause a fish or wildlife population to drop below self- sustaining levels
threaten to eliminate a plant or animal community, reduce the number or restrict
the range of a rare or endangered plant or animal or eliminate important examples
of the major periods of California history or prehistory.
2. The project, as conditionally approved, does not have the potential to achieve short -
term to the disadvantage of long -term, environmental goals.
3. The project, as conditionally approved, does not have impacts which are individually
limited, but cumulatively considerable.
4. The project, as conditionally approved, does not have environmental effects which
will cause substantial adverse effects on human beings, either directly or indirectly.
5. The project is consistent with and further promotes the objectives, goals, and
policies of the General Plan.
A motion was made ' by Commissioner Parkerson and seconded by Commissioner Read to
deny the. variances based on the following findings:
COMMISSIONER WOOLSEY: Yes
COMMISSIONER; PAR:KERSON: Yes
COMMISSIONER BENNETT: Yes
COMMISSIONER READ: Yes
CHAIRMAN TARR: Yes
COMMISSIONER LIBARLE: Yes
COMMISSIONER THOMPSON: Yes
Findings:
1. There are not exceptional, peculiar, or unusual conditions inherent in the property
sufficient to cause hardship, and which are not common to most other properties in
the same zoning district.
2. Strict interpretation of the Zoning Ordinance would not deprive the applicant of
privileges enjoyed by the owners of other properties in the same zoning district.
3. The variances would result in a special privilege for the applicant which is not
enjoyed by neighboring properties.
4. The variances could result in a detriment to other properties in the vicinity or the
general' public interest.
A motion was made by Commissioner Libarle and seconded by Commissioner Thompson
to approve Parcel Map No. 258 based on the findings and subject to the amended
conditions (including redesign to reduce subdivision to 3 lots), listed below:
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COMMISSIONER WOOLSEY: Yes
COMMISSIONER PARKERSON: Yes
COMMISSIONER BENNETT: Yes
COMMISSIONER READ: Yes
CHAIRMAN TARR: Yes
COMMISSIONER LIBARLE: Yes
COMMISSIONER THOMPSON: Yes
Findings:
1. The proposed subdivision, together with provisions for its design and improvement,
is consistent with the General Plan.
2. The site is physically suitable for the type of development proposed.
CD 3. The site is physically suitable for the proposed density of development.
4. The parcel map provides reasonable access on a public road to the proposed lots.
0 5. The proposed map, complies with the requirements of the Municipal Code, Chapter
20.20 and the Subdivision Map Act.
(� 6. The design of the subdivision and the proposed improvements will not cause
substantial environmental damage, and no substantial or avoidable injury will occur
to fish or wildlife or their habitat.
7. The design of the subdivision and the type of improvements will not cause public
health problems.
Site Specific Conditions
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I. All requirements of the Fire Marshal shall be complied with, including:
a. All roof covering material shall have a Class "B" rating or better, treated in
accordance with he Uniform Fire Code Standard 32.7.
2. All requirements of the Public Works Department shall be complied with, including:
a. There shall be no square corners on the storm drain junction boxes. Storm
drain shall be aligned to have as near "straight through" flow as possible.
3. All requirements of the Engineering Department shall be complied with, including:
a. Full one -half street improvements shall be installed across the Cherry Street
frontage. These improvements shall conform to those installed by the
adjacent Keokuk Heights Subdivision.
b. All publicly owned and maintained sanitary sewer mains located in private
property shall be contained in its own exclusive 10' paved public easement.
C. All publicly owned and maintained storm drains located on private property
shall be. contained within an exclusive 10' public easement.
d. This development shall be aware that the City Council has approved an
intent to enter in a storm drain payback agreement with the owners of
Keokuk Heights Subdivision. If this final agreement is approved prior to
recordation of the parcel map for this development, the owners of this
development shall contribute their fair share amount as specified in said
approved agreement.
e. All street lights used within this development shall have standard metal
fixtures dedicated to the City for ownership and maintenance. Prior to City
acceptance, the developer shall verify all lights meet .PG &E's LS2 rating
system.
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f. Water service to this development is proposed from existing Zone 2 water
mains in Cherry and Keokuk Streets. The developer's engineer shall
.determine the need for individual lot pressure reducing valves. If these
regulators are required, they shall be incorporated into the improvement
plans.
g. All grading erosion control required for this development shall conform to
ordinance 1576 and erosion control.
h. Storm drainage improvement proposed by this development shall conform to
S.S.W.. requirements and master drainage plan.
i. This development shall be required to .contribute a proportionate share of
cost of the proposed S.S.W.. Master Drainage Plan improvement for the
Cherry - Magnolia. Drainage System Contributions, determined by the
developer's engineer to the satisfaction of the City Engineer, shall be based
on a ratio of runoff from site to runoff from the watershed.
j. The developer shall comply with the amended Petaluma Municipal Code
Sections 20.36.010 and 20.36.020 which require the developer to pay storm
drainage impact fees (as calculated in Chapter 17.30) on construction in all
sections of the City of Petaluma.
k. Existing utilities fronting or traversing the site shall be undergrounded in
accordance with the Petaluma Municipal Code. All new utilities shall be
underground.
1. If the drainage course is to remain an open channel, its entire 100 -year
overflow width shall be dedicated (through easement) to the City. 100 -year
overflow hydraulic capacity shall be maintained in perpetuity by the
individual property owner. Developer's engineer shall submit calculations
verifying the required channel configuration and capacity to the satisfaction
of the City Engineer and the Sonoma County Water Agency.,
M. If the Community Development Department recommendation for a 3 -lot
subdivision (to be served via shared flag access) is not approved, the
following will apply to the public street access proposed by the applicant:
1. Southwood Street shall be widened to a minimum of 28 feet
face of curb-to face of curb. This street section shall consist of
2, 10 foot travel lanes, and an 8 foot parking lane. A 5 foot
sidewalk shall also be required along one side.
2. A City standard cul -de -sac, designed with landscape island
shall be installed at the end of Southwood Street to provide an
adequate turnaround area for emergency vehicles.
4. Subdivision shall be redesigned to create 3 rather than 4 lots. The two most
northern lots shall be accessed via a.30 foot wide shared flag access strip. Redesign
of map and associated improvement plans shall be subject to approval by Planning,
Engineering, and Fire staff: Conditions may be added or modified in response to
revised plans. '
5. Grading, particularly fill, shall be minimized (excluding filling in of the :drainage
course). Building pad elevations within this development shall, as .close as possible,
approximate adjacent pad elevations at Keokuk Heights and the Mason property.
6. Installation of the full driveway improvements along both "flags?' of the proposed
common access shall coincide with development of the first lot proposed to be
serviced by it.
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7. The property owner shall execute a recorded easement providing for cross - access
and maintenance of the proposed common private drive.
8. Existing trees to the removed shall be replaced on -site at a 2:1 ratio (2, 15 gallon
trees for each tree to be removed, species and location to staff approval).
9. Development of individual lots shall be subject to SPARC review with emphasis on
the following:
a. Tree preservation and protection.
b. Minimization of grading.
C. Preservation of privacy of existing neighboring uses to the degree found in a
(0 typical single - family development.
(3) d. Front yard ( "public view ") landscaping (applicable to lot with direct frontage
0 on Cherry Street).
e. Fencing and screening.
f. Quality of architectural materials and design consistent with surrounding
V neighborhood.
B g. Full SPARC review with notice to adjacent properties.
10. The transition from two -way to one -way traffic on Cherry Street shall be shown on
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improvement plans, subject to approval by City staff.
11.
Written authorization from the property owner for any off -site work on private
property shall be submitted to City staff prior to final approval of the Parcel Map.
Standard Subdivision Conditions
12.
Construction activities shall comply with applicable Zoning Ordinance and
Municipal Code performance standards (noise, dust, odor, etc.).
13.
In the event that archaeological remains are encountered during grading, the work
shall be halted and a qualified archaeologist shall be consulted for evaluation of the
artifacts and to recommend future action. The local Indian community shall also be
notified and consulted in the event any archaeological remains are uncovered.
14.
The, following Development Fees shall be applicable to this project: Community
Facilities, Park and Recreation Land Improvement, and School Facilities.
15.
Temporary protective fencing with in- ground poles shall be erected at the drip lines
of all on - site trees to be preserved and. all trees on neighboring property or in the
public right -of -way in proximity to construction. activities. The fencing shall be
erected prior to any rough grading activity and shall be subject to staff inspection
prior to issuance of a grading permit. Hand - digging or other hand -work as needed
to preserve trees may be required by staff.
16.
All hazardous materials (as recognized by the City Fire Marshal) utilized on the
construction site(s) shall be kept within a fenced, locked enclosure, subject to review
and 'approval of City staff.
17.
The' project sponsor shall execute a binding agreement which shall stipulate that
upon close of escrow of each residential dwelling unit in Parcel Map 258, developer
shall pay $150.00 to the City per daily trip end estimated to be generated by said
unit. Each unit is estimated to generate 10.0 trip ends per day. If the City
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establishes a Major Facilities Traffic Mitigation Fee prior to close of escrow of any
unit(s), the fee for said unit(s) and all subsequent units in this project thereafter be
the Major Facilities Traffic Mitigation Fee. Alternatively, in -lieu of execution of the
binding agreement, the full traffic mitigation fee may be paid prior to recordation of
the map.
18. The following operating practices shall be complied with during construction activity
on the project:
a. Hours of construction activity shall be limited to the hours of 7AM to 6PM,
Monday through Friday (non - holidays) except for quiet, interior work which
will not produce exterior noise. The developer's telephone number shall be
available for noise complaints.
b. All construction equipment powered by internal combustion engines shall be
properly muffled and maintained to minimize noise. Unused equipment
shall be turned off when not in use.
C. All exposed portions of the site shall be completely sprinkled with water as
needed to provide adequate dust control as determined by City staff. Major
dust - generating activities shall be scheduled for the early morning hours
when wind velocities are low. All storage piles shall be covered, including,
but not limited to fill, refuse, etc.
IV. G & W MANAGEMENT, REDWOOD BUSINESS PARK, AP NO.'s '137- 011 -01, 02,
13, 14, 50 THROUGH 53; 137-160-01,02 THROUGH 20, FILE NO. 3.4220c).
1. Consideration of rezoning from M -L (Light Industrial) and C -H (Highway
Commercial) to PCD (Planned Community District).
The public hearing was opened.
(Commissioner Woolsey abstained during this item.)
SPEAKERS:
Bill White - Applicant - answered questions; does not intend to create shopping center;
would like office furniture and supplies as permitted rather than conditional use; need a
deli and more services for the 1,000 employees in this area.
Commissioner Tarr - does not think there should be more commercial uses in this area.
Commissioner Bennett - agreed with applicant that more services are needed but
concerned with office supply -type of use.
Commissioner Libarle - concerned with possibility of "Pandora's box", like the retail carpet
business on N. McDowell.
The public hearing was closed.
A motion was made. by Commissioner Parkerson and seconded by Commissioner Read to
recommend to the City Council adoption of a mitigated negative declaration based on the
following findings:
COMMISSIONER WOOLSEY: Abstain
COMMISSIONER. PARKERSON: Yes
COMMISSIONER BENNETT: Yes
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COMMISSIONER READ: Yes
CHAIRMAN TARR: No - Sufficient services already
COMMISSIONER LIBARLE: Yes
COMMISSIONER T'HOMPSON: Yes
Findings
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The project, as conditionally approved, does not have the potential to degrade the
quality of the environment, substantially reduce the habitat of a fish or wildlife
species, cause a fish or wildlife population to drop below self - sustaining levels,
threaten to eliminate a plant or animal community, reduce the number or restrict
the;':range of a rare or endangered plant or animal or eliminate important examples
of the major periods of California'history or prehistory.
2. The project, as conditionally approved, does not have the potential to achieve short -
term to the disadvantage of long -term, environmental goals.
3. The, project, as conditionally approved, does not have impacts which are individually
limited, but cumulatively considerable.
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4. The project, as conditionally approved, does not have environmental effects which
will cause substantial adverse effects on human beings, either directly or indirectly.
S. The project, as conditionally approved, is consistent with and further promotes the
objectives, goals, and policies of the General Plan.
A motion jwas made by Commissioner Read and seconded by Commissioner Libarle to
recommend to the City Council approval of the rezoning from Light Industrial and
Highway Commercial to Planned Community District based on the following findings:
i_
COMMISSIONER WOOLSEY: Abstain
COMMISSIONER PARKERSON: Yes
COMMISSIONER BENNETT: Yes
COMMISSIONER READ: Yes
CHAIRMAN TARR: No
COMMISSIONER LIBARLE: Yes
COMMISSIONER THOMPSON: Yes
Findings
1. That the proposed rezoning is consistent with the General Plan.
2. That public necessity, convenience and general welfare permit the adoption of the
proposed amendment.
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A motion was made by Commissioner Libarle and seconded by Commissioner Parkerson to
recommend to the City Council approval of the Development Plan based on the findings
and subject to the amended conditions listed below:
COMMISSIONER WOOLSEY: Abstain
COMMISSIONER PARKERSON: Yes
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COMMISSIONER BENNETT: Yes
COMMISSIONER READ: Yes
CHAIRMAN TARR: No
COMMISSIONER LIBARLE: Yes
COMMISSIONER THOMPSON: Yes
PCD Findings
1. The development plan, as conditioned, is in substantial harmony with. the General
Plan of the City of Petaluma, and is coordinated with existing and planned
development of the surrounding areas.
2. The existing streets and thoroughfares are suitable and adequate to serve the
proposed uses and the anticipated traffic which will be generated thereby.
3. The facts submitted with the application establish that:
a. Development within the P -C District exists.
b. The development plan is appropriate in area, location and overall planning
to the. purpose intended. The design and development standards are such as
to create an environment of sustained desirability and stability. Such
development will meet in performance standards established at Article 22
and will. be in harmony with the character of the surrounding areas:
PCD Development Plan Conditions:
1. The sign program adopted as part of the PCD regulations by reference is subject to
approval by the Site Plan and Archite mm
ctural .Review Coittee (SPARC). The
PCD: program, design guidelines, and CC &R's shall be revised as required by this
approval and by SPARC approval and a copy of the revised documents) shall. be
provided to the Community Development Department prior to issuance of any sign
permit within this PCD zone district.
2. PCD zoning -regulations, Design Guidelines, and CC &R's must be adequately cross -
referenced to incorporate any City = approved revisions, modifications or exceptions,
subject to staff approval within 60 days of approval of TCD rezoning.
3. Reference to retail commercial shall be deleted from Section A.10 of the zoning
regulations. Sections A9 and-A-1-1 shall be deleted.
4. References to the C=H zone shall be deleted from the zoning regulations,- design
guidelines and CC &R's. References to retail commercial uses in the Design
Guidelines and CC &R's shall be deleted except as allowed per condition 5 below.
5. Retail commercial facilities designed to primarily serve the Redwood Business Park
Phase I and surrounding business' employees. Such roses are limited to uses permitted in
Paragraph 3 above; optometrist and other medical office if parking,is. deemed adequate
by the Community Development Department; office furniture and equipment; legal and
insurance offices; stock and real estate brokerage; indoor recreation facilities (e.g.,
health clubs) if parking is deemed adequate by the Community Development
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Department; and restaurants and other food service facilities (excluding fast food and
drive- throughs).
5:6 Any retail commercial use, not specifically permitted per Section A.11 shall be deemed
a conditional use, subject to administrative approval (i.e., a minor use permit) if
deemed appropriate by the Zoning Administrator. In either case, traffic and
parking impacts shall be determined on an individual basis and may render a
particular retail commercial use inappropriate. Any retail commercial use shall
meet all of the following criteria:
Either:
W a. The retail use shall be clearly secondary but also related to a primary
CY) industrial use located on the same site; and
0 b. Goods offered for sale must be produced on the premises; and_
0 C. Exterior presentation (display, signs, etc.) shall not be of a retail nature.
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d. Use shall provide either business and professional services directly
supportive to industrial workplace uses, or goods and services needed by
local industrial workers (pursuant to Section 8.3 of the General Plan).
6:7 Design Guidelines Section II.C.6 (page 5) shall be revised to reference PCD zoning
regulations rather than the Zoning Ordinance.
Chairman' Tarr - Would like information /instruction from Engineering and Fire
Departments regarding roadway widths, cul -de -sacs, drainage, gradin , etc. Pamela Tuft
will arrange speakers for an upcoming Planning Commission meeting (s�.
ADJOURNMENT: 8:45 PM.
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